Arjun Kumar Kanaujiya vs State Of U.P.Thru Prin.Secy. ...
2021 Latest Caselaw 6353 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- MISC. BENCH No. - 10237 of 2021
 
Petitioner :- Arjun Kumar Kanaujiya
 
Respondent :- State Of U.P.Thru Prin.Secy. Revenue Lucknow & Ors.
 
Counsel for Petitioner :- Prem Chandra Chauhan,Lakkhi Chand Tyagi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

Earlier Writ Petition No. 8224(MS) 2021 filed by the petitioner challenging the order to vacate the quarter was dismissed on 23.03.2021. The judgment of the writ court has attained finality as Special Appeal filed by the petitioner was dismissed with a direction to the petitioner to vacate the quarter within 15 days, as appears from para 13 of the writ petition.

He has now approached this Court saying that he is a Class IV employee in the Collectorate and therefore he should be alloted government accommodation.

On query being put to him, learned Counsel for the petitioner submitted that the petitioner has not vacated the premises as was ordered by this Court.

As the petitioner has not vacated the premises, which is in his possession in spite of the order of this Court and has not disclosed the filing of earlier writ petition in first paragraph of the writ petition, as is required under the Rules of this Court, but has stated the said fact in paragraph 13, therefore, this Court is not inclined to consider the prayer of the petitioner, unless he vacates the premises in question. Even if he vacates the premises, the matter of allotment shall be considered by the Single Judge Bench, as the allotment is being claimed as a condition of his service. Therefore leaving it open for petitioner to file afresh petition after complying with the earlier judgment, this petition is dismissed for the aforesaid reasons.

Order Date :- 16.6.2021

Jyoti/-